The divorce process in Florida begins when one spouse files a Petition for Dissolution of Marriage with the circuit court. To file, at least one spouse must have lived in Florida for six months or more. Florida is a no-fault divorce state, which means a spouse only needs to state that the marriage is “irretrievably broken” to begin the process—no proof of wrongdoing is required.
After filing, the other spouse must be officially served with divorce papers and given a chance to respond. Both spouses are usually required to share financial documents and may need to attend mediation to resolve disagreements over children, property, or support. If children are involved, a parenting plan and parenting course are required. Uncontested divorces can move quickly, while contested ones may take months or longer.
The divorce ends with a final hearing or trial. In uncontested cases, a judge reviews the agreement and finalizes the divorce. In contested cases, a trial is held, and the judge decides on unresolved issues like custody or alimony. Once the judge signs the Final Judgment of Dissolution, the divorce is official.
Who Can File for Divorce in Florida?
To file for divorce in Florida, at least one spouse must have lived in the state for six months or more before starting the case. This is called a residency requirement, and the court will not accept a divorce case if this rule is not met. Proof of residency can include a Florida driver’s license, state ID, or a witness affidavit.
Florida is a no-fault divorce state. This means the person filing does not need to prove that the other spouse did something wrong, like cheating or abuse. Instead, the spouse only needs to say that the marriage is “irretrievably broken.” This means the couple cannot fix the relationship and do not want to stay married.
If both spouses agree that the marriage is broken, the case usually moves faster. If one person disagrees, the judge may delay the case and order counseling—especially if there are children. However, if only one spouse wants the divorce and meets the requirements, the court will still allow the case to move forward.
What Types of Divorce Are Available in Florida?
Florida offers two main types of divorce: Simplified Dissolution of Marriage and Regular Dissolution of Marriage. The choice depends on the couple’s situation, especially regarding children, property, and agreement on key issues.
Simplified Dissolution of Marriage
This option is faster and requires fewer steps, but it’s only available if both spouses meet all of the following conditions:
- Both agree the marriage is over
- No children under 18 and no current pregnancy
- No alimony is requested
- Both agree on how to divide property and debts
- Both are willing to go to the final hearing together
- At least one spouse meets the residency requirement
This type of divorce skips many steps, including financial disclosures, but both parties must sign the agreement.
Regular Dissolution of Marriage
This process is used when:
- There are minor children
- One spouse wants alimony
- There’s disagreement on assets, debts, or custody
- Only one spouse wants the divorce
A regular divorce can be uncontested (both spouses agree on all issues) or contested (they disagree on one or more matters). Contested cases usually take longer and may require a trial.
What Are the Legal Steps for Divorce in Florida?
The divorce process in Florida follows a specific legal path. Each step must be completed in the correct order for the court to finalize the case.
1. Filing the Petition
One spouse (called the petitioner) starts the process by filing a Petition for Dissolution of Marriage with the local circuit court. This form tells the court what the petitioner wants—like child custody, alimony, or property division.
2. Serving the Papers
After filing, the other spouse (the respondent) must be formally given the divorce papers. This step is called service of process. It is usually done by a sheriff or a certified process server.
3. Response from the Other Spouse
The respondent has 20 days to file an Answer or Counterpetition. If no response is given, the court may enter a default judgment.
4. Mandatory Financial Disclosures
Both spouses must exchange financial documents, including income, debts, and assets. This step is required unless the case is simplified or both sides agree to skip it.
5. Parenting Plans (if children are involved)
When the couple shares children under 18, they must create a parenting plan. This includes time-sharing schedules and responsibilities for decision-making. Florida courts focus on what is best for the child.
6. Mediation
Most counties in Florida require spouses to try mediation before going to trial. A neutral third party helps both sides reach agreements on issues like property, custody, and support.
7. Final Hearing or Trial
If the couple agrees on everything, they can schedule a final hearing to finalize the divorce. If they disagree, the case goes to trial, and a judge decides the outcome.
What Happens If the Divorce Is Contested vs. Uncontested?
In Florida, divorces are classified as contested or uncontested, depending on whether the spouses agree on the terms of the separation. This difference affects how long the case takes, how much it costs, and how involved the court becomes.
An uncontested divorce happens when both spouses agree on all major issues, including how to divide property and debts, child custody and time-sharing, child support, and alimony. This type of case usually moves faster, costs less, and avoids the stress of a trial. The spouses may still be required to attend mediation or a final hearing, but many uncontested divorces are resolved within a few months—especially if it’s a simplified dissolution.
A contested divorce occurs when the spouses disagree on one or more important issues. These disagreements may involve custody, financial support, or property division. In these cases, the court often requires mediation to try to resolve the conflict outside of trial. If mediation fails, the divorce goes to trial, where a judge makes the final decisions. Contested divorces take longer, often several months to over a year, depending on the complexity of the case and the court’s schedule.
The type of divorce directly affects the legal steps and how much control the spouses have over the outcome. In the next section, we’ll look at how Florida handles divorce cases that involve children and what the law requires from both parents.
What Is Required When Children Are Involved?
When a Florida divorce involves minor children, the court focuses on protecting the child’s well-being. Both parents must follow specific legal steps, and the court requires clear agreements on custody, support, and parenting responsibilities.
The most important requirement is a Parenting Plan. This legal document outlines how the parents will share time with the child and make important decisions about their health, education, and daily life. Florida law favors shared parental responsibility, meaning both parents stay involved unless one is proven unfit. The plan must include a time-sharing schedule, which shows where the child will live on weekdays, weekends, holidays, and vacations.
Both parents are also required to complete a Parenting Course, officially called the “Parent Education and Family Stabilization Course.” It teaches parents how divorce affects children and how to reduce conflict. Each parent must show a certificate of completion before the court finalizes the divorce.
Child support is another key issue. Florida uses an income-based formula to calculate support amounts. The formula considers each parent’s income, the number of overnights the child spends with each parent, health insurance costs, and child care expenses. Support payments are usually handled through the Florida State Disbursement Unit (SDU).
If parents disagree on custody or support, the court may appoint a guardian ad litem to represent the child’s best interests. Judges also review parenting plans closely to ensure they support the child’s emotional and physical needs.
What Financial Disclosures Are Mandatory?
In a Florida divorce, both spouses are required to share full and accurate details about their finances. This step is called mandatory financial disclosure. It ensures that the court—and each party—has a clear picture of income, expenses, debts, and assets before any decisions are made.
Each spouse must complete and file a Family Law Financial Affidavit. There are two versions: the short form for individuals earning less than $50,000 per year, and the long form for those earning more. This affidavit includes information about monthly income, living expenses, property, savings, investments, and liabilities.
In addition to the affidavit, both parties must provide supporting documents, including:
- Tax returns from the past 3 years
- Pay stubs from the last 3 months
- Bank account statements (checking, savings, retirement)
- Credit card statements
- Loan documents
- Deeds, titles, and mortgage information for real estate or vehicles
The disclosure process also includes filing a Certificate of Compliance, which confirms that the required documents have been shared. These disclosures help the court make fair decisions on equitable distribution, child support, and alimony.
If one party fails to provide complete and honest financial information, the judge may impose penalties or make rulings based on the available evidence. In uncontested or simplified cases, spouses can agree in writing to waive this step, but most regular divorce cases require full disclosure.
What Role Does Mediation Play in a Florida Divorce?
Mediation is a required step in most Florida divorce cases, especially when the spouses disagree on important issues like child custody, alimony, or dividing property. The goal of mediation is to help both parties reach a fair agreement without going through a trial. It takes place in a private setting and is led by a neutral third party known as a mediator.
The mediator does not make decisions like a judge. Instead, they guide the conversation, help both sides communicate clearly, and explore possible compromises. Mediation is confidential, meaning nothing said during the session can be used later in court. This allows both spouses to speak more freely and try to settle disputes without pressure.
If an agreement is reached, the mediator helps put it in writing. Both spouses then sign the agreement, and the court can approve it as part of the final divorce judgment. If mediation fails and no agreement is made, the case moves forward to trial. However, in many counties, a judge won’t schedule a trial until mediation has taken place.
Mediation often saves time and money, especially in contested cases. It also gives both spouses more control over the outcome instead of leaving decisions up to a judge. In divorces involving children, mediation can help parents create better parenting plans with less conflict.
What Is the Timeline for a Florida Divorce?
The time it takes to finalize a divorce in Florida depends on whether the case is contested or uncontested, the court’s schedule, and how quickly both spouses complete required steps. In general, simple cases move faster, while complex cases take longer.
A simplified dissolution of marriage can be completed in as little as 30 days, especially if both spouses file the paperwork together and meet all the requirements. These cases avoid financial disclosures and often don’t involve mediation, which speeds up the process.
An uncontested divorce usually takes between 1 to 3 months, depending on how quickly the couple agrees on key issues like property division, parenting plans, and support. If both parties cooperate and submit the required forms without delay, the case can move quickly.
A contested divorce often takes much longer—typically 6 months to over a year. These cases involve disagreements that may require multiple court hearings, extended mediation, and possibly a trial. The more issues the couple disputes, the longer the process can take. Delays can also happen if either party fails to complete paperwork, misses deadlines, or requests more time for discovery.
The timeline also depends on the county court’s caseload. Some courts process divorces faster than others. Cases involving children, complex financial assets, or domestic violence may take extra time due to added legal steps and hearings.
What Happens at the Final Hearing or Trial?
The final stage of a Florida divorce is either a final hearing or a trial, depending on whether the spouses agree on all issues. This is when the judge officially ends the marriage and enters the Final Judgment of Dissolution of Marriage.
In an uncontested divorce, the court schedules a short final hearing. One or both spouses must attend, depending on the type of case. The judge reviews the divorce agreement, ensures that legal requirements are met, and asks a few basic questions. If everything is in order, the judge signs the final judgment, and the divorce becomes official—often on the same day.
In a contested divorce, the case goes to trial. Each spouse presents their side through documents, testimony, and witnesses. The judge hears arguments about unresolved issues, such as child custody, alimony, or how to divide assets. After reviewing all evidence, the judge makes final decisions on every disputed matter. These rulings are legally binding, even if one party disagrees.
The trial process is more formal and time-consuming. It may take several hours or multiple days, depending on the case. Court rules must be followed strictly, and most spouses hire attorneys to represent them during this stage.
After the final hearing or trial, the judge signs the final judgment, and the divorce is complete. Both parties receive copies of the order, which includes details about custody, property division, support payments, and other obligations.
What Are the Filing Fees and Costs Involved?
Filing for divorce in Florida involves several costs, starting with the court filing fee, which ranges from $400 to $450 depending on the county. This fee must be paid when submitting the Petition for Dissolution of Marriage to the clerk of court.
If you cannot afford the filing fee, you may request a fee waiver by submitting an Application for Civil Indigent Status. The court reviews your income and may approve the waiver if you meet financial eligibility guidelines.
Other common costs in a Florida divorce include:
- Service of process: Delivering divorce papers to your spouse usually costs $30–$60 using a sheriff or licensed process server.
- Parenting course: When children are involved, both parents must complete a required class, which typically costs $25–$50.
- Mediation fees: If court-ordered, mediation through a public program may cost $60–$120 per person per session. Private mediators charge higher rates.
- Attorney fees: Lawyers usually charge by the hour. Rates vary widely but often range from $200 to $500 per hour, depending on experience and location.
- Document preparation: If you’re not using a lawyer, hiring a legal document preparer may cost $100–$500, depending on complexity.
In contested cases, total costs can rise quickly due to longer court involvement, multiple hearings, expert witnesses, or financial investigations. Uncontested and simplified divorces are often far less expensive.